Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Oct 2008
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    Altoona, Pennsylvania
    (Blair County)
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    Default Denied a Concealed Carry Permit???...

    So my friend was denied a CC permit last week. I checked out his record and there's no Domestic Abuse, Felonies, or M1 convictions. He has some Marijuana Paraphenalia/possession charges from highschool, but neither seems to meet the criteria to deny him a permit.

    I should also add that he has bought several firearms and long guns through an FFL since his highschool convictions, no problem.

    The law is kinda fuzzy about the Drug Control Act convictions. From what I can understand, it seems to indicate that the conviction under the Drug act must be a felony or carry a possible sentence of over a year in jail.

    Some sources I've found online say any conviction under the Drug control act will prevent someone from getting a permit.

    Others refer to the possible sentence/over a year thing.

    So my question to you is... which is it? Any conviction under the Drug Act or any conviction under the Drug Act that could carry an incarceration of over a year?

    ***I'm trying to find the exact law online, but I'm coming up short... Any help?

  2. #2
    Join Date
    Jan 2010
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    West Chester, Pennsylvania
    (Chester County)
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    Default Re: Denied a Concealed Carry Permit???...

    Page 3 of the PDF has all of the convictions that will prevent you from obtaining a LTCF

    http://dsf.chesco.org/sheriff/lib/sh...ermit_form.pdf
    Hoplophobia is funny

  3. #3
    Join Date
    Feb 2008
    Location
    Levittown, Pennsylvania
    (Bucks County)
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    Default Re: Denied a Concealed Carry Permit???...

    I do believe your "friend" ( ) should have received an official denial letter with the specific reasoning....?

  4. #4
    Join Date
    Oct 2008
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    Altoona, Pennsylvania
    (Blair County)
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    Default Re: Denied a Concealed Carry Permit???...

    Quote Originally Posted by mrjam2jab View Post
    I do believe your "friend" ( ) should have received an official denial letter with the specific reasoning....?
    If he did, he didn't show it to me. The only paper he brought over was some sort of appeal to send to the state police.

    I got my CC permit a couple months ago without a problem, for the record. Complete with my ugly mug on it! I thought my DL photo was bad enough. I look like I've got some sort of brain disorder that paralyzed half my face in the CCP photo.

  5. #5
    Join Date
    Feb 2008
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    Levittown, Pennsylvania
    (Bucks County)
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    Default Re: Denied a Concealed Carry Permit???...

    Quote Originally Posted by leatherman84 View Post
    If he did, he didn't show it to me. The only paper he brought over was some sort of appeal to send to the state police.

    I got my CC permit a couple months ago without a problem, for the record. Complete with my ugly mug on it! I thought my DL photo was bad enough. I look like I've got some sort of brain disorder that paralyzed half my face in the CCP photo.

    (g) Grant or denial of license.--Upon the receipt of an application for a license to carry a firearm, the sheriff shall, within 45 days, issue or refuse to issue a license on the basis of the investigation under subsection (d) and the accuracy of the information contained in the application. If the sheriff refuses to issue a license, the sheriff shall notify the applicant in writing of the refusal and the specific reasons. The notice shall be sent by certified mail to the applicant at the address set forth in the application.
    ask him about the letter.

    Side note: in PA its a License To Carry Firearms...not a Concealed Carry Permit...

  6. #6
    Join Date
    Oct 2008
    Location
    Altoona, Pennsylvania
    (Blair County)
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    Default Re: Denied a Concealed Carry Permit???...

    Quote Originally Posted by West Chester View Post
    Page 3 of the PDF has all of the convictions that will prevent you from obtaining a LTCF

    http://dsf.chesco.org/sheriff/lib/sh...ermit_form.pdf
    Thanks, I'll forward the document to him. It looks similar to the one I filled out for my permit. Is it the same for all counties? I did mine in Blair, he's in Clearfield Co.

    I'm still confused...

    The sentence below question 34 states "ALL DRUG-RELATED CONVICTIONS WILL PROHIBIT LICENSING, UNDER SECTION 6109 RELATING TO LICENSES"...When I look up (relating to licenses-->) section 6109(c), #2 it says "has been convicted of an offense under the Controlled substance act...that may be punishable by a term of imprisonment exceeding two years..."

    So, section 6109 doesn't apply because of the two year thing?

    None of the other sections above or below that apply to him either... Ugh, my brain hurts...

    I think I'm going to give him my lawyer friend's number, but I'd still appreciate any input you all may have.

  7. #7
    Join Date
    Oct 2008
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    Altoona, Pennsylvania
    (Blair County)
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    Default Re: Denied a Concealed Carry Permit???...

    Quote Originally Posted by mrjam2jab View Post
    ask him about the letter.

    Side note: in PA its a License To Carry Firearms...not a Concealed Carry Permit...
    Sorry old habit, kinda like the clip vs mag thing...

  8. #8
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Denied a Concealed Carry Permit???...

    For a LTCF, ANY conviction under The Controlled Substance, Drug, Device and Cosmetic Act is prohibiting, regardless of grading or length of sentence.

  9. #9
    Join Date
    Oct 2008
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    Altoona, Pennsylvania
    (Blair County)
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    Default Re: Denied a Concealed Carry Permit???...

    I spoke with my friend this morning and gave him the attorneys number. I don't think he'll be able to get his LTCF. I wonder if Open Carry is an option for him. I'm not going to recommend he practice it once he moves to the city, but it may be a solution until then.

  10. #10
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    48
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    Default Re: Denied a Concealed Carry Permit???...

    Quote Originally Posted by leatherman84 View Post
    I spoke with my friend this morning and gave him the attorneys number. I don't think he'll be able to get his LTCF. I wonder if Open Carry is an option for him. I'm not going to recommend he practice it once he moves to the city, but it may be a solution until then.
    If open carrying, he must remain on foot, and may not enter ANY vehicle with the firearm, even if it is unloaded. He should also consult an attorney to make sure that this conviction is not one that prohibits him from possessing firearms as well, or he could inadvertently end up in a far worse situation than he's currently in.

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